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HomeMy WebLinkAbout05/03/2005, PH2 - ABANDONMENT OF SAN JUAN DRIVE council Mgy 3 2005 j agenda Pwpont "�PN� CITY OF SAN LUIS OBISP,,�,''O}} FROM: Jay Walter, Director of Public Works�aj Prepared By: Robert Uvick, Supervisi g Civil Engineer R�, SUBJECT: ABANDONMENT OF SAN JUAN DRIVE CAO RECOMMENDATION As recommended by the Planning Commission, adopt a resolution to abandon San Juan Drive, subject to the recommended conditions. DISCUSSION The Council adopted Resolution No. 9664 (2005 Series) on March 15, 2005 [Attachment 4], which is a resolution of intention to abandon San Juan Drive. The resolution set the time and place of this public hearing to receive any testimony and to consider finalizing the subject abandonment. The March 15, 2005 agenda report included discussion of the various issues and requirements regarding abandonment and the Planning Commission's recommendation to the Council for conditional approval, per Planning Commission Resolution 5413-05. The final abandonment resolution incorporates all of the prescribed conditions, including the fact that it is not effective for recordation until all of the conditions have been satisfactorily met, as determined by the Public Works Director. Staff sent the required notifications to the affected utility companies (Charter Communications, SBC and PG&E) regarding the proposed abandonment and received responses back. Both SBC and PG&E have existing utilities within San Juan Drive. The final abandonment resolution provides for reservation of necessary public utility and public sewer easements. Existing City regulations [per Resolution No. 5478 (1984 Series)] require that all abandonment conditions be met within one (1) year of adoption of the Resolution to Abandon. The final abandonment resolution contains wording to this effect. This abandonment is categorically exempt from environmental review per City Environmental Guidelines and the California Environmental Quality Act (CEQA), Section 15301. The required public notices have been completed, as prescribed in the referenced Resolution of Intention. The City Council must now receive any public testimony and then decide whether to approve, modify or deny the abandonment. San Juan Drive Abandonment Page 2 CONCURRENCES The Planning Commission recommends this action. The Community Development Director and Utilities Director concur with the recommendation. FISCAL IMPACT San Juan Drive is an unimproved street. Only the maintenance of the existing public sewer main is required and will remain unchanged. ALTERNATIVES Option 1: Conduct the public hearing and continue final action on abandonment until any issues or other conditions deemed necessary by the City Council are completed or otherwise resolved. Option 2: Adopt a resolution to deny abandonment, if the Council finds that the right of way is necessary for existing or future public street purposes. (Attachment 3) ATTACHMENT 1 - Vicinity Map 2 - Draft final resolution of abandonment 3 - Draft resolution to deny abandonment 4 - Resolution No. 9664 (2005 Series) i:1—council agenda reports\2005 agenda reports\transportation and development review (bochum)\developmant review (livick)\car san Juan drive abandonment.doc a2-12 �'` � III Attachment 2 Recording requested by and when recorded mail to: City Clerk 990 Palm Street San Luis.Obispo, CA 93401 RESOLUTION NO. (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT SAN JUAN AVENUE IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS ABANDONMENT,SUBJECT TO RESERVATION OF SPECIFIC EASEMENTS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with a public hearing duly held on March 15, 2005, pursuant to Section 8300 et seq. of the California Streets and Highways Code and a finding of General Plan consistency, that this Council finds and determines that San Juan Drive, described as "All of San Juan Drive, being a 30 foot wide drive as shown on Page 3 at Page 66 of Maps filed in the office of the San Luis Obispo County Recorder on September 23, 1925, located in the City of San Luis Obispo, County of San Luis Obispo, State of California" is not necessary for present or future public street purposes. SECTION 2. This Council hereby orders the abandonment of said right-of-way subject to the following conditions: 1. Reservation of an easement over the southwesterly 30 feet of the abandoned right of way for public utilities and public sewer, and "Reserving to Pacific Gas and Electric Company, the right from time to time to install, maintain, repair, operate, replace, remove and renew underground wires and other structures,`equipment and fixtures for the operation of said facilities within said easement." 2. Recordation of the final Lot Line Adjustment document for the property located at 2318 Loomis Street. 3. Preparation of a Record of Survey in accordance with California Business and Professions Code Section 8700 et seq. and to be recorded concurrently with this abandonment showing a-y Attachment 2 the Lot Line Adjustment in condition 1 and this Abandonment. 4. Construction of an Ten foot wide"all weather" access road to all*sewer manholes or clean- outs in the area of abandonment 5. Items I through 4 must be met within one (1) year of this date. Otherwise, this resolution will expire and be null and void. SECTION 3. Upon notification from the Director of Public Works to the City Clerk that the conditions prescribed in SECTION 2 have been met, the City Clerk shall cause a certified copy of this Resolution of Abandonment, duly attested under the seal of the City, to be recorded in the Office of the San Luis Obispo County Recorder. On motion of , seconded by and on the following roll call vote, AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 3rd day of May , 2005. MAYOR David F. Romero ATTEST: CITY CLERK Audrey Hooper APPROVED AS TO FORM: C A RNEY Jonathan P. Lowell Attachment 3 RESOLUTION NO. (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT THE SAN JUAN DRIVE RIGHT OF WAY IS NECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND DENYING ITS ABANDONMENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with a public hearing duly held on March 15, 2005,pursuant to Section 8300 et seq. of the California Streets and Highways Code and a finding of General Plan consistency,that this Council finds and determines that San Juan Drive,is necessary for present or future public street purposes. SECTION 2. This Council, therefore, hereby denies the abandonment of the aforesaid San Juan Drive right of way. On motion of , seconded by , and on the following roll call vote, AYES: NOES: ABSENT- the foregoing Resolution was passed and adopted this day of 12005. MAYOR David F. Romero ATTEST: CITY CLERK Audrey Hooper APPROVED AS TO FORM: CITY ATTORNEY Jonathan P. Lowell i:\_council agenda reports\2005 agenda reports\transportation and development review(bochum)\developmant review(livick)\san juan drive abandonment-denial resolution.doc a-� ATTACHMENT RESOLUTION NO.9664 (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO OF INTENTION TO ABANDON THE ENTIRE 30 FOOT WIDE SAN JUAN DRIVE RIGHT-OF-WAY,ADJACENT TO LOOMIS (ABAN 155-04) WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on February 9, 2005 for the purpose of making a General Plan determination and formulating a recommendation to the City Council on a request for abandonment of excess right of way adjacent to Loomis Street known as San Juan Drive; WHEREAS, research of the title report shows that the City of San Luis Obispo does not have fee ownership of land underlying the Street RIW; and WHEREAS, the City Planning Commission found that the proposed right-of-way abandonment was consistent with the City's General Plan, and recommended that the City Council approve the abandonment, based on findings and subject to conditions as indicated in Planning Commission Resolution, incorporated herein by reference; BE IT RESOLVED,by the City Council of the City of San Luis Obispo as follows: SECTION 1. Action -Intention to Abandon. It is the intention of the City of San Luis Obispo to abandon San Juan Drive (from the southerly prolongation of easterly sideline of Santa Ynez Avenue having a bearing of N3°43'E, to the Northerly terminus of San Juan Drive as shown of the Map of Monterey Heights, recorded in Book 3 at Page 66 of Maps in the office of the San Luis Obispo County Recorder on September 23, 1925) and as shown on the map marked Exhibit "A", attached hereto.and incorporated herein by reference, pursuant to Section 8300 et seq. of the State of California Streets and Highways Code, and that the abandonment shall be based on the following findings,and subject to the following conditions and code requirements: Findings 1. The proposed right-of-way abandonment is consistent with the General plan because it is no longer needed for public purposes. 2. Development of the right of way as a road would cause unnecessary significant site impacts and serve no reasonable purpose since each property fronting the right of way can already gain access from other existing streets. 3. The right-of-way abandonment will benefit the general public by eliminating an unused right of way and eliminating the City's costs for maintaining infrastructure within the right of-way. R 9664 a-� ATTACHU4 Resolution No. 9664(2005 Series) Page 2 4. The proposed right-of-way abandonment is categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act. Conditions 1. The abandonment shall be recorded prior to or concurrently with the Final Lot Line Adjustment proposed for the property at 2318 Loomis Street. 2. Dedication of a 30 foot wide easement for any existing or future sanitary sewer and public utilities over the entire abandonment area. The easement shall be recorded concurrent with or prior to recordation of the City Council resolution abandoning San Juan Drive. 3. Construction of "all-weather" access to all sewer manholes or clean-outs in the area of abandonment, shall be completed prior to recordation of City Council resolution abandoning San Juan.Drive. 4. Prepare all required pictorial exhibits and/or legal descriptions necessary to complete the abandonment process shall be provided by the project applicant to the satisfaction of the Public Works Director. All exhibits and/or legal descriptions shall be prepared by a Licensed Land Surveyor or Civil Engineer who is authorized to practice Land Surveying, in accordance with the California Business and Professions Code Section 8700 et seq. Code Requirements 1. Each parcel is to have its own separate water and wastewater service laterals. Existing water and sewer services shall be properly relocated and resiled, if necessary, to ensure that each parcel is appropriately served in accordance with City standards. Any remaining or redundant service laterals shall be properly abandoned at the main. 2. A public gravity sewer exists in the area proposed for abandonment. The entire area proposed for abandonment shall be reserved for public utility purposes. SECTION 2. Copies of the map showing the particulars of the proposed abandonment are on file in the office of the City Clerk,at 990 Palm Street. SECTION 3. Tuesday, May 3, 2005, at 7:00 p.m. in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is more than fifteen (15)days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes,shall.be published once in full at least ten (10) days before the public hearing on the proposed street right-of-way abandonment,in The Tribune,a newspaper published and circulated in this city. 02-� ATTACHU4 Resolution No.9664(2005 Series) Page 3 SECTION S. The City Engineer shall post at least three (3) notices of the proposed abandonment in prominent locations near the portion of the street right-of-way to be abandoned at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 6. The City Engineer shall notify utility companies affected by the proposed abandonment within ten (10) days after adoption of the Resolution of Intention in accordance with Section 8347 of the Streets and Highways code. On motion of Council Member Brown, seconded by Vice Mayor Ewan, and on the following roll call vote: AYES: Council Members Brown and Mulholland, Vice Mayor Ewan and Mayor Romero NOES: None ABSENT: Council Member Settle The foregoing resolution was passed and adopted this 15`s day of March 2005. Mayor David F.Romero ATTEST: Audrey Hoo r City. Clerk APPROVED: an P. Lowell City Attorney N 0� � �I������uii�illl�lllllll�llll ` council memoRanoum April 29, 2005 RED FILE M ING AGENDA TO: Mayor and City Councils ITEM #—Lz VIA: Ken Hampian, City Administrative Office Jonathan P.Lowell, City Attorney FROM: Jay Walter,Director of Public Works COUNCIL CDD DIR CAO FIN DIR BY: Robert Livick, Supervising Civil Engineer ACAO FIRE CHIEF ATTORNEY ❑ PW DIR CLERIVORIG ❑ POLICE CHF SUBJECT: PH-2 May 3, 2005: Abandonment of San Juan Drive CJ DEPT HEADS ❑ REC DIR rih ❑ UTIL DIR Issue i C7 [3HR DIR Staff has received telephone inquires from two property owners along San Juan Drive objecting to the proposed abandonment. The property owners object to the additional liability for maintaining this 30 foot strip of property. Analysis San Juan Drive is a thirty foot wide undeveloped right of way adjacent to Loomis Street. The original purpose of the right of way was to establish a secondary access road to lots that originally had frontage on the old State Highway(Loomis Street). Loomis Street is no longer a State Highway and the secondary road was never developed nor accepted by the City for maintenance. Therefore,the right of way no longer serves a public purpose for public access. Section 1806 of the State of California Streets and Highways Code States: (a)No city shall be held liable for failure to maintain any road until it has been accepted into the city street system in accordance with subdivision(b)or(c). (b)Except as provided by Section 989, or by Section 57329 or 57385 of the Government Code, no public or private street or road shall become a city street or road until the governing body, by resolution, has caused the street or road to be accepted into the city street system. (c)In lieu of the procedure set forth in subdivision(b), the governing body of a city may, by ordinance, designate a city officer to accept, on behalf of the governing body, streets and roads or portions thereof, into the city street system and to record conveyances to the city of real property interests for street and road uses and purposes. The designee shall,prior to recording any conveyance under this section, affix a certificate to the instrument stating the acceptance into the city street system and designating the name or number, or both, of the city street or road. Conclusion Pursuant to Code and because the ROW has never been accepted by the City, the adjoining property owners to San Juan Drive are already liable for any maintenance to the unimproved"paper street".The proposed abandonment of the public's right to access does nothing to change that situation nor further burden the adjacent owners.